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Public Act 92-0287
HB1825 Enrolled LRB9202574EGfgA
AN ACT in relation to the cremation of companion animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Companion Animal Cremation Act.
Section 5. Definitions. For the purposes of this Act,
unless the context indicates otherwise:
"Companion animal" or "animal" means a deceased animal
that had a companion or pet relationship with an owner at the
time of the animal's death.
"Provider of companion animal cremation services" or
"provider" means a person, company, or other entity engaging
in the business of cremating deceased companion animals in
Illinois.
"Cremation remains" means the material remaining after
the cremation of an animal, which may include ashes, skeletal
remains, and other residue resulting from the incineration
process, and may be pulverized or otherwise processed by the
provider of cremation services.
"Individually partitioned cremation" means a cremation
process in which either (i) only one companion animal at a
time is cremated in the incinerator or (ii) more than one
companion animal is cremated in the incinerator at the same
time, but each of the animals is completely separated from
the others by partitions during the cremation process; and in
which the commingling of significant amounts of cremation
remains from different animals is unlikely to occur.
"Communal cremation" means a cremation process in which
companion animals are cremated together without effective
partitions or separation during the cremation process, and in
which the commingling of significant amounts of cremation
remains from different animals is likely or certain to occur.
"Commingling of significant amounts of cremation remains
from different animals" means that specific cremation remains
cannot be attributed to a particular animal, or that the
cremation remains attributed to one companion animal contain
more than 1% by weight of cremation remains from one or more
other companion animals. The presence, in the cremation
remains of a companion animal, of the remains of any creature
that was contained within the body of that animal at the time
of cremation (including parasites, insects, and food or
creatures eaten by that companion animal) does not constitute
"commingling" for the purposes of this Act.
A person or business entity is deemed to refer animal
owners or bring business to a provider "on a regular basis"
if the person or entity (i) has an ongoing contractual or
agency relationship with the provider relating to the
cremation of companion animals, (ii) receives any
compensation or consideration from the provider or animal
owners relating to the cremation of companion animals by the
provider, or (iii) refers or brings to the provider the
business of more than 5 animal owners in an average month.
Section 10. Written explanation of services.
(a) A provider of companion animal cremation services
must prepare a written explanation of the services offered,
which may but need not be in the form of a brochure.
The written explanation of services must include a
detailed explanation of each service offered. For each type
or level of cremation service offered, the written
explanation of services shall disclose the specific services
to be provided.
If any part of the deceased companion animal will be
removed, used, or sold by the provider before or after the
cremation, the written explanation of services must disclose
that fact.
(b) The written explanation of services must not include
any false or misleading information. A written explanation
of services is misleading if:
(1) it fails to include a detailed explanation of
the cremation services offered or fails to include, for
each type or level of cremation service offered, any of
the disclosures required under subsection (a);
(2) it uses the term "private" or "individual" with
respect to any communal cremation procedure or with
respect to an individually partitioned cremation
procedure that will cremate more than one companion
animal at the same time;
(3) it uses the term "individually partitioned" or
"separate" with respect to a communal cremation process;
or
(4) it includes any text, picture, illustration, or
combination thereof, or uses any layout, typography, or
color scheme, in a way that is likely to lead a person of
normal intelligence to misunderstand the nature of the
services to be provided or to fail to read or understand
certain parts of the written explanation of services.
(c) A provider of companion animal cremation services
shall provide the written explanation of services, without
charge:
(1) to the owner of each deceased animal with whom
the provider agrees to provide cremation services, or the
person making cremation arrangements on the owner's
behalf;
(2) to all veterinarians, pet shops, and other
persons or entities known to the provider who refer
animal owners or bring deceased animals to the provider
on a regular basis, in quantities sufficient for
distribution by those persons or entities to the animal
owners whose business is being referred or brought to the
provider;
(3) to the Office of the Attorney General, at least
annually; and
(4) to any other person upon request.
(d) The preparation or distribution by a provider of a
written explanation of services that the provider knows or
should know to be false or misleading constitutes a business
offense, punishable by a fine of at least $1,001 but not more
than $1,500 for a first offense and at least $2,000 but not
more than $2,500 for each subsequent offense.
A knowing failure to prepare or distribute a written
explanation of services as required by this Section
constitutes a business offense, punishable by a fine of at
least $1,001 but not more than $1,500 for a first offense and
at least $2,000 but not more than $2,500 for each subsequent
offense.
Section 15. Persons referring or bringing business to a
provider.
(a) A veterinarian, pet shop, or other person or
business entity that refers owners of deceased animals, or
persons making arrangements on an owner's behalf, to a
provider on a regular basis shall make available a copy of
the provider's written explanation of services to the animal
owner, or person making arrangements on the owner's behalf,
at the time of the referral.
(b) A veterinarian, pet shop, or other person or
business entity that accepts deceased companion animals for
cremation through services obtained from a provider on a
regular basis shall make available a copy of the provider's
written explanation of services to each animal owner, or
person making arrangements on the owner's behalf, from whom a
deceased companion animal is accepted.
(c) It is sufficient for compliance with this Section
that a copy of the written explanation of services is given
to the animal owner, or the person making arrangements on the
owner's behalf, at the time the services are offered.
(d) Publishing or otherwise disseminating advertising
for a provider of companion animal cremation services does
not, in itself, constitute referring or bringing business to
that provider for the purposes of this Section.
Section 20. Certification; penalty for false
certification.
(a) Whenever a provider of companion animal cremation
services undertakes to provide services that include the
return of the cremation remains of the cremated animal, the
provider shall include a certification along with the
returned cremation remains, declaring to the best of the
provider's knowledge and belief that, except as otherwise
specifically indicated in the certificate, the cremation and
any other services specified were provided in accordance with
the representations of the provider in the applicable
portions of the provider's written explanation of services.
(b) To knowingly make a false certification under
subsection (a) is a business offense, punishable by a fine of
at least $1,001 but not more than $1,500 for a first offense
and at least $2,000 but not more than $2,500 for each
subsequent offense.
Section 95. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2KK as follows:
(815 ILCS 505/2KK new)
Sec. 2KK. Animal cremation services. It is an unlawful
practice within the meaning of this Act for a provider of
companion animal cremation services (1) to fail to prepare or
distribute a written explanation of services as required by
the Companion Animal Cremation Act; (2) to prepare or
distribute a written explanation of services under that Act
that the provider knows or should know to be false or
misleading; or (3) to knowingly make a false certification
under Section 20 of that Act.
Passed in the General Assembly May 18, 2001.
Approved August 09, 2001.
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